Legal Commentary

Explore in-depth insights and analyses on current legal issues through expert commentary from seasoned attorneys and legal scholars. This category features thought-provoking articles, video interviews, and discussions that illuminate various aspects of law, including case law interpretations, legal reforms, and emerging trends in the legal industry. Stay informed and enhance your understanding of the legal landscape with our comprehensive resources tailored for both legal professionals and the general public.

125 posts

Car Accident Checklist: What to Do Immediately After a Collision

Car Accident Law Compensation and Settlements

Car Accident Checklist: What to Do Immediately After a Collision

December 14, 2024 • By Jack Gilbert

After a car accident, prioritize safety, call 911, exchange information, document the scene, and notify your insurer—ideally within 24 hours. Taking these steps quickly can protect your health, strengthen any insurance or injury claim, and prevent costly mistakes. This article provides a step-by-step collision checklist, including what to say and do at the scene, evidence […]

How is the arbitrary and capricious standard applied in court?

Administrative Law Appeals

How is the arbitrary and capricious standard applied in court?

December 13, 2024 • By Jack Gilbert

Courts apply the arbitrary and capricious standard by checking whether an agency examined the relevant data and offered a rational explanation for its decision. Judges uphold the action if the agency considered important factors and connected facts to its choice, and set it aside if reasoning is unsupported, inconsistent, or ignores evidence. This article explains […]

Double Jeopardy: When You Can’t Be Tried Twice

Appeals Constitutional Law

Double Jeopardy: When You Can’t Be Tried Twice

December 12, 2024 • By Jack Gilbert

Double jeopardy generally prohibits the government from prosecuting or punishing you twice for the same offense under the Fifth Amendment. It attaches once a jury is sworn (or the first witness is sworn in a bench trial), but exceptions like mistrials, appeals, and the dual-sovereignty doctrine can allow a new case. This article explains when […]

Criminal Forfeiture: Protecting Your Assets in Legal Proceedings

Constitutional Law Criminal Law

Criminal Forfeiture: Protecting Your Assets in Legal Proceedings

December 12, 2024 • By Jack Gilbert

Criminal forfeiture is imposed only after a criminal conviction and can take 100% of property proven to be proceeds or instrumentalities of the crime. Defendants may challenge nexus, traceability, ownership, and proportionality, and third parties can assert rights in an ancillary hearing. This article explains the process, key defenses, and practical steps to protect assets […]

Grand Jury Process: What Happens Behind Closed Doors

Constitutional Law Criminal Law

Grand Jury Process: What Happens Behind Closed Doors

December 12, 2024 • By Jack Gilbert

A grand jury typically has 16–23 citizens who hear evidence in secret and vote on whether probable cause supports an indictment. Prosecutors present witnesses and documents, while the target usually has limited participation and proceedings are sealed. This article explains the grand jury’s history, constitutional role, and step-by-step procedures from empanelment to indictment. The grand […]

Plea of Insanity: Legal Standards and Consequences

Constitutional Law Criminal Law

Plea of Insanity: Legal Standards and Consequences

December 12, 2024 • By Jack Gilbert

In the U.S., the plea of insanity is recognized in most states, but 4 states have abolished it. Standards vary (e.g., M'Naghten or MPC), and a successful plea usually results in commitment to a mental health facility rather than prison. This article covers legal tests, burdens of proof, verdict outcomes, and post-verdict consequences. The insanity […]

Entrapment Defense: When Law Enforcement Goes Too Far

Appeals Constitutional Law

Entrapment Defense: When Law Enforcement Goes Too Far

December 12, 2024 • By Jack Gilbert

Entrapment is a legal defense that can get charges dismissed if law enforcement induced the crime and you weren’t predisposed to commit it. Courts assess police conduct and your prior intent, often using the subjective or objective test depending on the jurisdiction. This article explains the elements, common scenarios, and how attorneys build an entrapment […]

Arson Accusations: Legal Defenses and Potential Penalties

Criminal Defense Strategies Criminal Law

Arson Accusations: Legal Defenses and Potential Penalties

December 11, 2024 • By Jack Gilbert

Arson convictions can bring multi-year prison sentences and heavy fines, and penalties increase sharply if anyone is injured or a building is occupied. Prosecutors rely on fire-origin evidence, motive, and intent, but defenses may include accidental cause, misidentification, or lack of intent. This article explains common arson charges, legal defenses, and potential penalties. Arson accusations […]

Statute of Limitations in Criminal Cases: Time Limits Explained

Appeals Constitutional Law

Statute of Limitations in Criminal Cases: Time Limits Explained

December 11, 2024 • By Jack Gilbert

In criminal cases, statutes of limitations typically range from 1 to 6 years for many offenses, while murder and many jurisdictions’ sex crimes have no time limit. The exact deadline depends on the charge and can be paused by tolling rules (e.g., fleeing the state or concealed identity). This article explains common time limits, exceptions, […]

Prostitution Laws: Legal Consequences and Reform Efforts

Constitutional Law Criminal Defense Strategies

Prostitution Laws: Legal Consequences and Reform Efforts

December 10, 2024 • By Jack Gilbert

Prostitution is illegal in 49 states, with regulated legal brothels allowed only in certain Nevada counties. Enforcement and penalties vary by state and can include jail, fines, and collateral consequences like registration or record issues. This article explains key laws, legal risks, defenses, and current reform and decriminalization efforts. The complex landscape of prostitution laws […]

Insider Trading: Navigating Complex Financial Crime Allegations

Banking/Finance/Securities Criminal Law

Insider Trading: Navigating Complex Financial Crime Allegations

December 10, 2024 • By Jack Gilbert

Insider trading is a serious securities fraud offense that can trigger SEC civil penalties and, in criminal cases, up to 20 years in prison per violation under federal law. These allegations often hinge on whether “material, nonpublic information” was used or tipped in breach of a duty, with evidence drawn from trading patterns, communications, and […]

Money Laundering Charges: Defending Against Financial Crimes

Banking/Finance/Securities Criminal Defense Strategies

Money Laundering Charges: Defending Against Financial Crimes

December 10, 2024 • By Jack Gilbert

Federal money laundering charges can carry up to 20 years in prison per count plus major fines and forfeiture. Prosecutors must prove the transaction involved specified unlawful activity and intent to conceal or promote illegal proceeds, and defenses may attack knowledge, intent, or the source of funds. This article explains the elements, common schemes, penalties, […]

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